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  #1  
Old 01-14-2011, 07:31 PM
aer523235
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Question Daycare Provider Terminated My Child And Is Charging Me For Not Returning

My daughter goes to an in-home daycare, and the woman who runs it has a son her age. My daughter got sick one day when she was at the daycare (vomit and diarrhea - no fever) and I came to pick her up. (Keep in mind my daughter doesn't go to the daycare sick. If she's sick, I keep her home and take a sick day until she is better.. Im not a mom that drops my child off knowing shes sick, then waits for a phone call to come get the child. She hasnt had to call me once yet to say my daughter had a fever or was sick - so this isnt an on-going problem and I have always paid in full on time!) So anyway, that same day, 2 or 3 hours later 2 other girls had to leave because of a high temp and ended up being sick as well. Her son ended up with a fever, vomiting and diarrhea then had to go to the ER to push fluids in him. She sent me a picture and said, "I dont know how I feel about this... your daughters last day is at the end of this week and if I want to leave earlier then to let her know and she will pack her things...Giving me less than one weeks notice through a text. I had already paid her for that week (which hadnt started yet, since this was on a Sat), so I told her since she's blaming my daughter for her sons illness, I wont be returning and I will cancel the check for the week that hadn't started yet. The contract I signed says that if a parent/guardian wants to remove the child from her daycare they must give 2 weeks written notice and those two weeks are to be paid in full. But I told her she terminated my daughter for a ridiculous reason, blamed my daughter for having IV's in her son, I wasn't GIVEN two weeks to write a letter notifying her that we wont be returning and therefore her contract is VOID. I didn't bring my daughter there on monday, I cancelled the check that was written on friday for the following week (the week that I didn't bring my daughter back). I felt if shes terminating me, why pay her to watch my daughter when she blames her (a little 21 month old) for causing her son to be admitted to the ER. Does anyone know if I have to pay her? She said if I pay her the full amount for the one week that she gave me as a courtesy to search for another provider, plus the charges for a cancelled check she wont take me to court. If I don't pay by XX date, the charges will go up to the full 2 weeks pay plus the $15.00 cancelled payment fee and we will go to court. Can someone please help me? She terminated me, and I didn't choose to pull my daughter from there, I just chose to leave earlier then her termination date. She doesnt have anything in the contract about her rules/regulations when the provider terminates service, so I don't know what I should do. I Someone please HELP! Thanks!!!
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  #2  
Old 01-14-2011, 07:40 PM
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If she doesn't have anything in her contract about if she, the provider, terminates care, then she can't make you pay anything if she terminates care of your daughter.

It sounds like she requires a 2 week notice with payment if you decide to cancel, whether or not you decide to bring her. This is normal.

Most providers also have in their contract that they can terminate at any time with a 2 week notice as well. You are able to bring your child for 2 weeks, but if you choose not to, you still have to pay.

If she has this in her contract, she has to give you the option of 2 more weeks of care. But if she truly does not, then you are in the right. And I would point that out to her that she has nothing in her contract about her terminating care, therefore you owe nothing. But make sure she doesn't have anything about her giving notice before you say this to her.

No matter how ridiculous the reason may be for terminating your daughter, that doesn't matter. She can't make you pay if she has nothing in her contract about it. It is surprising that she doesn't, so I would double check your contract. If she did have a 2 week notice on her part in her contract and only gave you 1 week, you would also not have to pay because she isn't following her contract.
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Old 01-14-2011, 07:59 PM
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First off, I'm sorry this happened to you. If you really didn't knowingly bring your child to daycare sick, I don't really think this termination is justified. Unfortunately, a provider can term a client with no good reason, at her own discretion. As a provider, I have that written into my contract with parents(although I wouldn't just term someone with no good reason). And also unfortunately, if she gave you to the end of that week, she was basically giving you the option whether or not to come, and therefore since you are choosing not to come, you would still be responsible for the weeks pay. I would just pay it and move on. I know that sucks, but if she took you to court, she would most likely win. If you have a signed contract, she would definitely win. Save yourself the hassle and the court fees( which she could also tack on)and just pay the week. Again, I'm sorry you were termed for a seemingly unjust reason. Hope this helped!
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Old 01-14-2011, 08:41 PM
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The tricky part is having to read the fine print in the contract. Is it a very long contract? Do you have a copy of it? If not, make sure you call her and tell her you are coming over to get the copy so you have one. Also, make sure to save the text messages she sent you. If you must talk to her, it might be best to do it via email so you have a written (typed) proof. It really does come down to the contract wording, but most of the times providers have a clause in the contract stating something along the lines of...

"4. Termination

Trial Period
The first 2 weeks in my program is an adjustment or trial period. During this time, either the parent(s) or provider may terminate this contract immediately without written notice. After the 2 week trial period has been completed, a 2 week written notice by client is required to terminate this contract. Provider may terminate the contract at will without giving any notice.

Deposit
The client will pay a $***.XX deposit to cover the last 2 weeks of care, even if my rates are higher at that time. This fee will be due upon signing this contract."

This is what mine says and the bolded sentence means I (provider) is not required to give a two week notice, but may terminate at will. Did you pay a deposit that is put towards your two last weeks of care? If you did, then you certainly shouldn't have had to pay for this last week. Lastly, no matter what the outcome is, I would call your child care resource and referral (if this provider is licensed) and let them know you have a complaint you would like to file. It's also best to write down everything--just like you did in this post--for future reference to keep everything straight. Hope everything works out for you.
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Old 01-14-2011, 09:01 PM
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Well she had a 20.00 registration fee that she waived for me since I was her first child at her daycare and her contract that I have looks like an overview of what her daycare is about, I'm not exactly sure what exactly I filled out but I do know that as of this year she has made mumerous changes to her contract and how would I know whether she adds in a few sentences that would protect herself? It's def my fault I don't have all the documentation, but I had no clue a contract would be this important. I thought it was like this is what I do on snow days, this is what to do when the child is sick, this is what we do when the parents are late for pick up, thanks for joining our daycare.. Not like I had to read any fine print.. But I guess my next step is requesting the documents, does she have to provide me with them? Within so many hours of a request?
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Old 01-14-2011, 09:19 PM
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Yes, she shouldn't withhold any papers you signed from you. She is able to keep the original, but you should request for her to make a copy. If she says she doesn't have a copy machine, but would print an additional copy, DON'T SIGN THE ADDITIONAL COPY because she may have added what she really needs to save her butt....get what I mean? If she wants her to sign a copy that was newly printed, ask for the original and compare and if your signature is on that original I still WOUDN'T SIGN A NEW COPY....why?!--The contract you signed may have had a expiration date. It might have had wording that said this contract is valid from this date to this date or 1 year from the signature or something along those lines. Anyways, just DON'T sign anything new. She should be able to provide you with a copy that has your signature already on it.

I would call first thing Monday morning and tell her you'll stop by soon (before nap time) to pick it up. You can even ask her to make a copy and leave it outside the door, BUT if it's not exactly what paperwork you're looking for then it's best to see her face to face and verify that is what you were looking for. If she is unable to get it to you that day, I would say sometime Tuesday at the latest....she didn't give you much notice and she is required to have anything on hand for paperwork.
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Old 01-14-2011, 09:52 PM
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i agree with the other poster's advice.

for the record, just because your daughter was the first to vomit/have a fever DOES NOT mean she is the one who got the other children sick. sometimes, (depending on the virus) it's not contagious until the symptoms (vomit/fever) show up and the other children exposed to that will get it. VERY often, they were exposed to the virus before any symptoms. ANY one of those children could have been the first to have a virus. just saying - that's ridiculous for her to think YOUR daughter got everyone sick.

that's a stupid reason to terminate, anyway. there have never been any other issues or exchange of words with this provider before?
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Old 01-15-2011, 03:41 AM
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I am so sorry this happened. What a ridiculous reason for terminating. I agree with the others that said you really need to get a copy of the contract you signed and see if there is anything in there about paying if you are terminated. Keep all texts and emails. Write down things that she says to you with the date, time, etc.
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  #9  
Old 01-15-2011, 05:28 AM
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There is NO WAY that your daughter came to daycare, got the other kids sick, and they fell ill later that day. Illnesses do NOT incubate that fast. Those other children would have fallen ill whether your daughter had been there or not.

And fwiw, if this happened recently, there seems to be a nasty stomach virus going around like, the entire country, that gives those exact same symptoms all the kids ended up with. Any of them could have picked it up from anywhere.
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Old 01-15-2011, 10:55 PM
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See I was almost positive I gave my daughter the stomach bug bc I had it first. No fever, nothing, and i was very sick mon so someone else dropped my completely norm child off on Monday, and she had to cancel for the day bc they lost their heat on the first floor! So I had to watch her al day with a terrible bug! And I stayed home tues and since she had a bout of diarrhea at 3am, I thought she got my bug! So I didn't send her tues but she was still herself, her stools weren't rock hard but it didn't seem concerning at all! I figured I gave her something that upset her tummy (she has an allergy to milk protiens, so no dairy and i forget sometimes. Anyway I brought her weds since she was still her norm self and the provider knew I was sick, so when Kayla got sick at daycare and called me to pick her up, so I did! And the other girls that are 2yr and 11montha left 3 hrs later with a very high temp and she told me to keep an eye out to see if my girl gets a fever too! Noe, no fever! One diarrhea spout when she returned home and spit up flem that night bc she was crying so much. My daughter could have brought it there bc I have no doubt that I gave it to her! But since she hadn't gone to the daycare all week and 2 others left that day with high fevers, and lethargic I think it could be a dif virus bc I asked her doctor and he also told me the incubation period is usually atleast 24 hours! So I didn't bring her back all week then I woke up to a text that was a pic of her son in the er with IVs In him and she says look what this has done to my son.,, I don't know how I feel about this. Then 3 hrs later, she sends me a msg saying my daughter last day will be this fri! And ps- she was never down, drowsy, no sick eyes or anything, just a few loose stools which bananas and pasta cleared right up! She still ate and drank water all day everyday! So I have the same thread open in the providers forum incase anyone want to put their 2 cents in on what to do w my payment to her, if I owe one'
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Old 01-16-2011, 07:36 AM
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Your provider is being crazy unreasonable. Sicknesses (especially the stomach kind) will occasionally hit daycares like tornadoes and it's ridiculous to "blame" any specific child. Almost every time they hit our dc, we'll hear from others that the sickness is also in the regular school and even the other local dcs. Who knows who actually started it? As for your contract, you should have received a copy of it yourself. Any changes she makes must be initialled by you and she should have an original (not photocopy) w/any changes signed & dated by you. Only then will the changes be legally binding. Also in our contract, there are specific reasons we outline for terminating a child... and none of them are what she is accusing you of... first, because it would be impossible to prove and it's second it's totally crazy.

Sounds like your provider is new in the business (since you said you were her first client). She's going to learn that stuff like stomach viruses go with the territory... & if her kid is in the home too, he's going to get it. If she goes around blaming and terminating her dcks whenever sickness hits, she'll soon be left with no clients at all. Your better off finding a new provider (and I don't blame you for cancelling payment). She's being totally unreasonable and hoping to scare you with threats so that you'll pay up. I guess it's a good lesson learned that you should always read the fine print whenever you sign a document.
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Old 01-16-2011, 01:49 PM
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Wow, this is so sad. Especially if you were the first person to enroll your child into her home daycare, she might not have the experience to know how to handle it. I don't know what it is called, but she can't blame you for making her child go to the ER....does anyone else know what this is called?
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Old 01-16-2011, 02:31 PM
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Well I have in my contract that if I feel there is any unforeseen danger or threat to my family or any other dck's, I can term without notice. So if she had anything like that written in there, she would win also, because a contagious sickness or diease, could be considered a "unforseen danger" to her family or other kids. Providers will usually win, so I would just pay the bill and save your self the headache and the possibilty of court costs.
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Old 01-17-2011, 07:46 AM
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It is called an occupational hazard that we daycare providers have to deal with. KIDS GET SICK!! This is absolutely ridiculous that she is blaming a child for getting her child sick. Boy is she in for a rude awakening as she continues her business. I think she will be losing a lot of families if she is going to terminate every time someone falls ill.
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Old 01-25-2011, 07:41 AM
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If she gave you a weeks notice, you still have to pay for that week even if you don't bring your child. Providers don't have to give a 2 week notice. I do not think that she had a valid reason to terminate your child, so that could be brought up in court. But then again a provider does not need to give a reason to terminate, although it is unprofessional.
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Old 03-25-2011, 12:16 PM
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Default childcare provider here

I also have an in home daycare. I have terminated children with no notice and some with a month notice. It depends on the situation. I have terminated a child because that child was sick with something new every week.

I have it stated in my contract that I don't need to give notice and can terminate for any reason. I also have it stated that if a child is to be pulled from my care I need a month notice otherwise the parents pay for that month or the weeks remaining before termination. Good luck but if it is stated somewhere in her contract that you need to give notice then she has the advantage in court. Even though she terminated you on a specific date does not void in the contract or any payment for services that are scheduled before that termination date.

Over all it sounds as if emotions got involved in a business situation. Hope it works out for you all.
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Old 03-13-2015, 03:32 PM
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Last sunday my daycare provider asked if my kids would be coming for spring break in 1 week. I said that my 4 year old daughter for sure would be there but that I wasn't positive about my other 2 (school age). She said she was fine with that. Today I text her to confirm that for next week and she didn't text me back for over an hour and finally responded saying that she didn't get confirmation that my daughter would be coming and since the boys weren't coming she assumed my daughter wasn't either and so she made other plans and appts for that week. I sent her a screenshot of our conversation that prior sunday stating that my daughter would indeed be there. She never responded back and its been 2 hours. I am so fed up with her unreliability. THe previous week she had to take 3 days off to take care of something. I said ok. my husband and I made arrangements for the kiddos. the days were Tues-Thurs. Then Thurs afternoon I get a text from her saying she wouldn't be able to make it back in time Friday to watch the kids. so we had to make last minute arrangements for that as well.
She has taken off for a death in the family (which is fine I wasn't mad at all, except for the fact that I had only been at my new job for 3 days. ) and then she had to take off for the 3 days to leave town to take care of stuff and then another time she could only watch my kids 1/2 of a Friday and 1/2 of a Monday because she had to take/ pick up her child at airport. This is all happening within barely 2 months. my work thank god is being very flexible but im not sure how much more they are taking.
So back to spring break. now my husband and I are having to figure something out for spring break and its the Friday before....
Not to mention my boys have told me that they don't ever get to play outside or anything. they are always confined to inside. they are growing kids and need to play. especially when its beautiful 75 and 80 degree weather outside.
with everything that has happened already we have decided we just don't want to take the kids back ever. I cant keep guessing and hoping that she will be able to watch them a full week or change her schedule etc.
Her contract says a 2 wk notice is to be provided if leaving. but im wondering that considering the circumstances and basically not given a notice for spring break. if there is cause for me to pull them out right away without a notice.
Its way to stressful to keep dealing with it. and lately I have noticed that my kids cry everytime they have to go to daycare.
PS. she is in home daycare and unlicensed and watches no other kids but mine.
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Old 03-13-2015, 03:40 PM
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So much of this comes down to what the contract says. My contract says that I get a two week notice and that I will give a two week notice and I expect to be paid for those two weeks regardless. However if I felt the need to term immediately, I would do so and most likely not worry about charging. If I need to term that fast, there is a HUGE issue and I need it gone. An illness just wouldn't be that issue for me.
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Old 03-13-2015, 03:45 PM
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man this is 4 years old...why does this thread pop up so much.....lol
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  #20  
Old 03-13-2015, 03:47 PM
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LOL I didn't notice that.
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  #21  
Old 03-13-2015, 03:50 PM
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I was taught in a business class that a contract is only valid if both parties have a copy. Were you ever given one?
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Old 03-13-2015, 03:56 PM
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Quote:
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I was taught in a business class that a contract is only valid if both parties have a copy. Were you ever given one?
What happens if a parent was given a copy and lost it? Would it then be invalid?
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Old 03-13-2015, 04:01 PM
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thats why I email everything to them, but NO if they lost it, thats not your problem
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Old 03-13-2015, 06:21 PM
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Quote:
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What happens if a parent was given a copy and lost it? Would it then be invalid?
No, I guess I should have said both parties should receive a copy, instead of have a copy.
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Old 03-14-2015, 08:08 AM
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Last sunday my daycare provider asked if my kids would be coming for spring break in 1 week. I said that my 4 year old daughter for sure would be there but that I wasn't positive about my other 2 (school age). She said she was fine with that. Today I text her to confirm that for next week and she didn't text me back for over an hour and finally responded saying that she didn't get confirmation that my daughter would be coming and since the boys weren't coming she assumed my daughter wasn't either and so she made other plans and appts for that week. I sent her a screenshot of our conversation that prior sunday stating that my daughter would indeed be there. She never responded back and its been 2 hours. I am so fed up with her unreliability. THe previous week she had to take 3 days off to take care of something. I said ok. my husband and I made arrangements for the kiddos. the days were Tues-Thurs. Then Thurs afternoon I get a text from her saying she wouldn't be able to make it back in time Friday to watch the kids. so we had to make last minute arrangements for that as well.
She has taken off for a death in the family (which is fine I wasn't mad at all, except for the fact that I had only been at my new job for 3 days. ) and then she had to take off for the 3 days to leave town to take care of stuff and then another time she could only watch my kids 1/2 of a Friday and 1/2 of a Monday because she had to take/ pick up her child at airport. This is all happening within barely 2 months. my work thank god is being very flexible but im not sure how much more they are taking.
So back to spring break. now my husband and I are having to figure something out for spring break and its the Friday before....
Not to mention my boys have told me that they don't ever get to play outside or anything. they are always confined to inside. they are growing kids and need to play. especially when its beautiful 75 and 80 degree weather outside.
with everything that has happened already we have decided we just don't want to take the kids back ever. I cant keep guessing and hoping that she will be able to watch them a full week or change her schedule etc.
Her contract says a 2 wk notice is to be provided if leaving. but im wondering that considering the circumstances and basically not given a notice for spring break. if there is cause for me to pull them out right away without a notice.
Its way to stressful to keep dealing with it. and lately I have noticed that my kids cry everytime they have to go to daycare.
PS. she is in home daycare and unlicensed and watches no other kids but mine.
I am sorry your provider has not been reliable. Thats a tough one to excuse.

However, if I were you I would just pay for the final two weeks and make other care arrangements. I wouldnt bring your kids back though.

The unreliability might be the straw that broke the camels back but it was put up with until this point and in my personal opinion not reason enough to excuse you from any obligation in withdrawing according to contract.

I understand that financially it might be tough but it is what it is.

Unreliability is not grounds for immediate termination with out financial obligation and finding reasons that you dont really like the services you were getting AFTER this happens will only make you look bad.

Parents have a tendancy to add to their list of grievances after they feel they are wronged but rarely speak up before conflict becomes part of tne equation.

Im not saying you are making anything up I am just saying you kind of have a weak case/argument.

Pay the two week notice, find new care and chalk it all up to a learning experience.

Good luck! I hope you find care that better suits your needs.
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Old 03-14-2015, 09:04 AM
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If you do give two weeks notice, the first should be unpaid anyways as she is not watching your kids next week anyway!
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Old 03-14-2015, 09:34 AM
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If you do give two weeks notice, the first should be unpaid anyways as she is not watching your kids next week anyway!
Not necessarily. It depends on the contract and how this particular provider gets paid. My contract says parents pay 52 weeks/ year regardless of attendance. The two week's notice is to be paid whether they attend or not.

While I understand she has been unreliable in the past, it IS possible that she missed that text saying your daughter was coming. I have missed a few texts, only to go back and look and there they are...I don't know how I missed them but somehow I did. Perhaps when she didn't respond for a couple of hours she was thinking "Oh crap, how did I miss that text? I already made plans thinking she wasn't coming". I'm not saying this is the case, just saying it is possible.

I feel you owe the 2 week's notice whether they attend or not, but like I said it depends on how it's worded and if you would normally pay for vacations. If you don't normally pay for vacations, then at the least you would owe the remaining week that is not a vacation week.

I would just pay it and move on your way. It can get heated when parents or providers start arguing over payment, it gets dragged out, ends up in court, and leaves a very bad taste in everyone's mouth just thinking of it. Best to just cut your ties and move on.
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Old 03-14-2015, 10:48 AM
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I usually would say parents owe (depending on the contract) but if what the OP says is correct the provider is choosing to not provide care that week even though the family needs care- it's not the family taking the week off. In that case, if the provider is not available to provide care and did not give adequate notice (OP said its the Friday before Spring break) then I would definitely not pay for that week.
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  #29  
Old 11-15-2015, 04:42 AM
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WOW to terminate because a child is ill I would consider being termed "dodging the bukket" with this unprofessional provider. Insert thumbs down. However I would probably meet her halfway and pay her for like half a week though you owe nothing I feel.
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Old 11-15-2015, 06:57 AM
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I recently terminated a client and did not allow her to return. My contract states I may give notice but also may terminate at will. If I terminate at will like I recently did, I do not make the client pay for the notice.
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Old 11-15-2015, 07:08 AM
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Originally Posted by Abigail View Post
Yes, she shouldn't withhold any papers you signed from you. She is able to keep the original, but you should request for her to make a copy. If she says she doesn't have a copy machine, but would print an additional copy, DON'T SIGN THE ADDITIONAL COPY because she may have added what she really needs to save her butt....get what I mean? If she wants her to sign a copy that was newly printed, ask for the original and compare and if your signature is on that original I still WOUDN'T SIGN A NEW COPY....why?!--The contract you signed may have had a expiration date. It might have had wording that said this contract is valid from this date to this date or 1 year from the signature or something along those lines. Anyways, just DON'T sign anything new. She should be able to provide you with a copy that has your signature already on it.

I would call first thing Monday morning and tell her you'll stop by soon (before nap time) to pick it up. You can even ask her to make a copy and leave it outside the door, BUT if it's not exactly what paperwork you're looking for then it's best to see her face to face and verify that is what you were looking for. If she is unable to get it to you that day, I would say sometime Tuesday at the latest....she didn't give you much notice and she is required to have anything on hand for paperwork.
YOU have the responsibility to ensure you get copies of anything you signed. The provider doesn’t have to give you a copy a year down the road.

As a parent, I would just see her in court have my dates straight and keep any communication to prove she terminated. You of course may win or lose.
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  #32  
Old 11-15-2015, 08:22 AM
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Angry No.

The more I think over this I'm really angry, for one thing no matter what that contract says it does not always hold up in court!! I'm getting very upset here over there the situation of her laying blame on your precious child . As sick as her son got HE was probably where the illness came out from, she just doesn't wish to take responsibility. Do not pay a cent here!
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  #33  
Old 11-15-2015, 08:29 AM
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KidGrind KidGrind is offline
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Originally Posted by Unregistered View Post
The more I think over this I'm really angry, for one thing no matter what that contract says it does not always hold up in court!! I'm getting very upset here over there the situation of her laying blame on your precious child . As sick as her son got HE was probably where the illness came out from, she just doesn't wish to take responsibility. Do not pay a cent here!
How do you know the child caught the illness from the daycare? I don’t think the provider should blame the child or parent. I also don’t think it’s logical to blame the daycare.

People often act as if the daycare is the only place a child comes in contact with germs or illnesses. It’s is just not so. Often parents work dealing with the public, clients and co-workers. Parents often handle their IDs, ATM cards, money keys, doors, elevator buttons, etc.

Children aren’t in protected bubbles and then exposed to everything one they enter daycare.

We are reading one side of the story. It may be the complete truth. I don’t know. If so I think the provider didn’t handle it well.
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  #34  
Old 11-15-2015, 08:31 AM
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Blackcat31 Blackcat31 is offline
 
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Originally Posted by Unregistered View Post
The more I think over this I'm really angry, for one thing no matter what that contract says it does not always hold up in court!! I'm getting very upset here over there the situation of her laying blame on your precious child . As sick as her son got HE was probably where the illness came out from, she just doesn't wish to take responsibility. Do not pay a cent here!


The situation you are getting all worked up over happened in 2011.


I'm fairly certain the OP and her child care provider have moved on.
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  #35  
Old 05-05-2016, 11:03 AM
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Originally Posted by daycare View Post
man this is 4 years old...why does this thread pop up so much.....lol
Perhaps it is relevant and keeps reoccurring! We had a similar issue and this thread was really helpful...the main purpose of a forum.
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